Alexander Bickel's Philosophy of Prudence
The Yale Law Journal Volume 94, Number 7, June 1985 Alexander Bickel's Philosophy of Prudence Anthony T. Kronmant INTRODUCTION Six years after Alexander Bickel's death, John Hart Ely described his former teacher and colleague as "probably the most creative constitutional theorist of the past twenty years."" Many today would concur in Ely's judgment.' Indeed, among his academic peers, Bickel is widely -regarded with a measure of respect that borders on reverence. There is, however, something puzzling about Bickel's reputation, for despite the high regard in which his work is held, Bickel has few contemporary followers.' There is, today, no Bickelian school of constitutional theory, no group of scholars working to elaborate Bickel's main ideas or even to defend them, no con- tinuing and connected body of legal writing in the intellectual tradition to which Bickel claimed allegiance. In fact, just the opposite is true. In the decade since his death, constitutional theory has turned away from the ideas that Bickel championed, moving in directions he would, I believe, f Professor of Law, Yale Law School. 1. J. ELY, DEMOCRACY AND DISTRUST 71 (1980). 2. See B. SCHMIDT, HISTORY OF THE SUPREME COURT OF THE UNITED STATES: THE JUDICI- ARY AND RESPONSIBLE GOVERNMENT 1910-21 (pt. 2) 722 (1984) (describing Bickel as "the most brilliant and influential constitutional scholar of the generation that came of age during the era of the Warren Court"); Ackerman, The Storrs Lectures: Discovering the Constitution, 93 YALE L.J. 1013, 1014 (Bickel "revered as spokesman-in-chief for a school of thought that emphasizes the importance of judicial restraint").
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